The Care Council for Wales (Specification of Social Care Workers) (Registration) Order 2004

Welsh Statutory Instruments

2004 No. 2880 (W.250)

SOCIAL CARE, WALES

The Care Council for Wales (Specification of Social Care Workers) (Registration) Order 2004

Made

2 November 2004

Coming into force

19 November 2004

The National Assembly for Wales, in exercise of the power conferred upon it by section 56(1)(b) of the Care Standards Act 2000(1), and having consulted the Care Council for Wales(2), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order —

(a) may be cited as the Care Council for Wales (Specification of Social Care Workers) (Registration) Order 2004;

(b) comes into force on 19 November 2004.

(2) In this Order —

“the Act” (“y Ddeddf”) means the Care Standards Act 2000;

“the Council” (“y Cyngor”) means the Care Council for Wales;

“work” (“gwaith”) means work of any type mentioned in section 55(2)(b) to (d) of the Act.

Specification of social care workers

2.—(1) The social care workers described in paragraph (2) below are specified for the purposes of section 56(1)(b) of the Act (duty of the Council to maintain a register of social care workers specified by order)(3).

(2) The description of social care workers is those persons —

(a) who fall within any of the descriptions in section 55(2)(b) to (d) of the Act(4);

(b) who ordinarily perform some work in Wales or expect to do so; and

(c) in respect of whom the Secretary of State may, by virtue of that work, issue a criminal record certificate under section 113(1) or 115(1) of the Police Act 1997(5).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

D. Elis-Thomas

Presiding Officer of the National Assembly

2 November 2004

Explanatory Note

(This note is not part of the Order)

Section 56(1) of the Care Standards Act 2000 requires the Care Council for Wales to maintain a register of social workers and social care workers of any other description specified by the National Assembly for Wales by order.

Article 2 of this Order specifies a description of social care workers for the purposes of section 56(1).

(1)

2000 c. 14. The powers are conferred upon the “appropriate Minister”, which means, in relation to Wales, the “Assembly”: section 121(1) of the Act. “Assembly” means the National Assembly for Wales: section 5(1)(b) of the Act.

(2)

See section 56(4) of the Act for the requirement to consult.

(3)

This is the second group of social care workers to be specified for the purposes of registration with the Council under section 56(1)(b). The first group was student social workers specified by S.I. 2004/709 (W.76).

(4)

A person falls within section 55(2)(b) if he or she is employed at a children’s home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency or a voluntary adoption agency. A person falls within section 55(2)(c) if he or she manages an establishment, or an agency, of a description mentioned in section 55(2)(b). A person falls within section 55(2)(d) if he or she is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(5)

1997 c. 50.

(6)

1998 c. 38.